The Journal of College and University Student Housing - Volume 44, No. 3 - 82

Tess Barker * Amanda L. McLittle

of positive outcomes, including persistence,
openness to diversity, satisfaction, critical
thinking, and personal development (astin,
1977 & 1993; pascarella & terenzini, 1991;
pike, Kuh & gonyea, 2003; terenzini, springer, pascarella & nora, 1995).

On one hand, public institutions

an important part of students' residential
experiences is representing who they are and
what they value. this is often done within the
confines of the private residence hall room
or apartment, but just as frequently in the
externally-facing venues physically attached
to the private living space: bulletin boards,
whiteboards, doors, and windows. While this
form of communication is protected by the
first amendment as freedom of expression,
more and more housing programs are being
challenged by the need to balance competing
priorities. on one hand, public institutions
generally may not limit students' right to free
speech in what they choose to put on their
boards and doors. on the other hand, housing
staff seek to promote a residential and learning atmosphere that promotes community
building, respectful dialogue, inclusion, and
safety. it, therefore, has become imperative
that housing representatives understand the
implications of their decisions and policies and
how they are impacted by a student's right of
expression, including whether there are limitations of this right within housing spaces.

and doors . On the other hand,

this article will provide an overview of the
scope and limits of the first amendment as
they relate to student-generated speech, manifested as printed or posted material, within
campus housing. particular attention will focus
on common communication forums: bulletin board (ra-managed versus general public
boards); student doors generally; whiteboards
82

generally may not limit students'
right to free speech in what they
choose to put on their boards
housing staff seek to promote
a residential and learning
atmosphere that promotes
community building, respectful
dialogue, inclusion, and safety .

or bulletin boards affixed to an individual student's door; and exterior-facing windows.
it is important to note that this article deals
specifically with public colleges and universities that are considered state or governmental
actors for purposes of the first amendment.
however, other laws or cases may extend first
amendment protections to private institutions.
for example, in California, the leonard law
makes the first amendment apply to all colleges and universities in the state, be they public
or private (California education Code, §94367).
other states may have governing case law about
first amendment rights, such as public areas
of private universities in new Jersey (State v.
Schmid, 1980). housing professionals at private
institutions therefore are advised to proactively
determine their institution's stance on students' free expression, as well as local laws or
relevant court cases, before assuming the first
amendment does not apply to their institution.

T h e J o u r n a l o f C o l l e g e a n d U n i v e r s i t y St u d e n t H o u s i n g
The Journal of College and University Student Housing - Volume 44, No. 3

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 44, No. 3
